Defense Contractor Fraud

A settlement has been reached to resolve False Claims Act allegations against Indal Technologies Inc.

The allegations arose from a lawsuit that claimed Indal Technologies Inc knowingly sold defective helicopter landing systems designed for U.S. Navy destroyers.

Allegedly, Indal Technologies substituted a less-expensive type of steel used in helicopter landing systems for U.S. Navy destroyers.

 “When government contractors supply our armed forces with equipment that fails to meet performance standards, they not only cheat taxpayers, but they put at risk the safety of our service members,” said Assistant Attorney General Joseph H. Hunt of the Department of Justice’s Civil Division. “Today’s settlement demonstrates our commitment to ensuring that the military receives products that meet its requirements and for which it has paid.”

Since the 1970s, Indal Technologies has produced the RAST system attached to the US Navy’s Arleigh-Burke class destroyers to allow helicopters to land on them.

According to the government, the claims resolved by the settlement are allegations only, there has been no determination of liability.

A settlement has been reached to resolve False Claims Act allegations against Netcracker Technology Corp and Computer Sciences Corp. NetCracker Technology and Computer Sciences Corp agreed to pay $11.4 million and $1.35 million. The whistleblowers' share of the settlement will be approximately $2.36 million. The allegations arose from a lawsuit claiming from 2008 through 2013 the Company used employees without security clearances to perform work when it knew the contract required those individuals to have security clearances.

A settlement has been reached in a whistleblower class action lawsuit brought against APL Limited who is accused of overcharging and double-billing the Department of Defense. The whistleblower will receive a $5.2 million share of the government's recovery.

The whistleblower case, filed in October 2004, alleged that APL, a wholly-owned American subsidiary of Singapore-based Neptune Orient Lines Limited, knowingly overcharged and double-billed the Department of Defense to transport thousands of containers from ports to inland delivery destinations in Iraq and Afghanistan by inflating its invoices in several ways. For example, APL billed in excess of the rate it paid to plug refrigerated containers holding perishable cargo into a source of electricity at a port in Karachi, Pakistan; billed in excess of the contractual rate to maintain the operation of refrigerated containers at a port in Karachi and at U.S. military bases in Afghanistan; and billed for various non-reimbursable services performed by APL’s subcontractor at a Kuwaiti port.

A settlement has been reached in a whistleblower class action lawsuit brought against PAE Government Services Inc (PAE) and RM Asia (HK) Limited (RM Asia). They are accused of violating the False Claims Act by taking part in a bid-rigging scheme that resulted in false claims for payment under a U.S. Army contract for services in Afghanistan.

The whislteblower will receive a $261,000 share of the government's recovery.

The whistleblower case, filed in 2011, alleged that former managers of PAE and RM Asia funneled subcontracts paid for by the government to companies owned by the former managers and their relatives by using confidential bid information to ensure that their companies would beat out other, honest competitors.   

In a related criminal investigation, the U.S. Attorney’s Office of the Eastern District of Virginia previously obtained guilty pleas from former PAE program manager Keith Johnson; Johnson’s wife, Angela Gregory Johnson; and RM Asia’s former project manager, John Eisner, and deputy project manager, Jerry Kieffer, for their roles in the scheme.

A settlement has been reached in a whistleblower class action lawsuit brought against Science Applications International Inc. (SAIC); its subcontractor, Applied Enterprise Solutions LLC (AES); AES CEO Dale Galloway; and former government employees Stephen Adamec and Robert Knesel. They are accused of submitting or causing the submission of false claims and conspired to submit such claims under a contract with the General Services Administration (GSA).

According to the settlement details,  SAIC will pay $20,400,000 and AES and Dale Galloway will pay $2,166,000. Adamec and Knesel are paying $110,000. The whistleblower will receive a $560,000 share of the recovery and was previously agreed to during the previous settlement of $2,000,000 with Lockheed Martin.

The contract in questions was to provide support services for the National Center for Critical Information Processing and Storage (NCCIPS) at the NAVO MSRC at the John C. Stennis Space Center in Hancock County, Miss. GSA awarded the NCCIPS task order in April 2004 to Science Applications International Corporation (SAIC), which teamed with Lockheed Martin and Applied Enterprise Solutions (AES) to perform under the task order. SAIC was paid a total of $115 million under the contract, of which Lockheed Martin was paid $2 million according to the terms of its subcontract with SAIC.

The case, filed in May 2009, alleged that prior to the issuance, and once the NCCIPS solicitation had been publicized, that then government employees, Stephen Adamec and Robert Knesel, conspired with Lockheed Martin, Galloway, SAIC and AES to ensure that SAIC and its teaming partners were awarded the task order by (a) sharing non public, advance procurement information with the SAIC team that was not provided to other potential bidders; (b) sharing information about the solicitation with the SAIC team before providing that information to other bidders; and choosing a type of contract and putting language in the solicitation in order to bias the selection process to favor the SAIC team.

A settlement has been reached to resolve False Claims Act allegations against Parsons Government Services Inc who is accused of knowingly mischarging the U.S. Department of Energy (DOE).

The United States alleged that the company knowingly mischarged the DOE for ineligible or inflated short-term and long-term employee relocation costs in connection with its contract on the DOE Salt Waste Processing Facility Project (SWPF) at the DOE Savannah River Site in Aiken, South Carolina. 

Since Sept. 1, 2002, Parsons has been the primary construction contractor on the DOE’s SWPF project at the Savannah River Site.  Pursuant to the terms of the SWPF contract, Parsons was entitled to be reimbursed for the payments it made to eligible employees for moving, meals, lodging and transportation expenses incurred when the employees were relocated or transferred by Parsons to work on the SWPF project in Aiken.  In order to be entitled to reimbursement by the DOE, however, Parsons was required to take steps to ensure that the employees met certain contractual requirements of eligibility, such as maintaining a permanent residence at the location from which they were transferred.  The United States alleged that Parsons sought and obtained reimbursement for these relocation expenses under the SWPF contract even for employees it knew did not qualify for these payments under the terms of the contract.

A settlement has been reached in a whistleblower class action lawsuit brought against Science Applications International Corporation who is accused of charging inflated prices under grants to train first responder personnel to prevent and respond to terrorism attacks.

The whistleblower's share of the recovery has not been determined. 

The case, filed in February 2012, alleged that SAIC’s cost proposals falsely represented that SAIC would use far more expensive personnel to carry out its efforts than it intended to use and actually did use, resulting in inflated charges to the United States.

Between 2002 and 2012, the New Mexico Institute of Mining and Technology (New Mexico Tech) received six federal grants from the Department of Justice, the Department of Homeland Security, and the Federal Emergency Management Agency to train first responder personnel to prevent and respond to terrorism events involving explosive devices.  New Mexico Tech awarded subgrants to SAIC to provide course management, development, and instruction.

A settlement has been reached in a whistleblower class action lawsuit brought against Frazier Masonry Corp, F-Y Inc, CTI Concrete & Masonry Inc, Masonry Technology Inc, Masonry Works Inc, Russell Frazier and Robert Yowell.  They are accused of misrepresenting their disadvantaged small business status in connection with military construction contracts.

The whistleblower will receive a $393,383 share of the recovery.

This settlement stems from other cases, the first of which was filed in 2012.  The United States alleged the defendant masonry subcontractors and their principals misrepresented to the prime contractors that they were small businesses, and that these misrepresentations caused the prime contractors to falsely certify that they had complied with the small business provisions of the contracts in claiming payment.  Russell Frazier previously pleaded guilty in related criminal proceedings to causing false statements.

A settlement has been reached in a whistleblower class action lawsuit brought against Lockheed Martin Inc who is accused of submitting or causing the submission of false claims and conspired to submit such claims under a contract with the General Services Administration (GSA) in support of the Naval Oceanographic Major Shared Resource Center (NAVO MSRC).

The whistleblower will receive a $560,000 share of the recovery.

The contract in questions was to provide support services for the National Center for Critical Information Processing and Storage (NCCIPS) at the NAVO MSRC at the John C. Stennis Space Center in Hancock County, Miss. GSA awarded the NCCIPS task order in April 2004 to Science Applications International Corporation (SAIC), which teamed with Lockheed Martin and Applied Enterprise Solutions (AES) to perform under the task order. SAIC was paid a total of $115 million under the contract, of which Lockheed Martin was paid $2 million according to the terms of its subcontract with SAIC.

The case, filed in May 2009, alleged that prior to the issuance, and once the NCCIPS solicitation had been publicized, that then government employees, Stephen Adamec and Robert Knesel, conspired with Lockheed Martin, Galloway, SAIC and AES to ensure that SAIC and its teaming partners were awarded the task order by (a) sharing non public, advance procurement information with the SAIC team that was not provided to other potential bidders; (b) sharing information about the solicitation with the SAIC team before providing that information to other bidders; and choosing a type of contract and putting language in the solicitation in order to bias the selection process to favor the SAIC team.

A settlement has been reached to resolve False Claims Act allegations against NI Teijin Shoji Co Ltd, aka NI Teisho of Japan, and an American subsidiary, NI Teijin Shoji (USA) Inc. They are accused of importing and selling defective Zylon fiber which was used as the key ballistic material in bulletproof vests.

This settlement is part of a larger investigation of the body armor industry’s use of Zylon in body armor. The United States previously has settled with eight other participants in the Zylon body armor industry for more than $59 million. 

The Teijin companies imported the fiber on behalf of the Zylon manufacturer, Toyobo Co. Ltd. of Japan. The United States alleged that the Teijin companies were aware that the fiber degraded quickly over time and that this degradation rendered bulletproof vests containing woven Zylon unfit for use. The government further alleged that, despite this knowledge, the Teijin companies did not inform the United States of any degradation concerns or stop selling Zylon fiber for use in ballistic applications. Rather, Teijin personnel actively participated in the marketing of the Zylon fiber and downplayed the extent of the degradation problem. Furthermore, for a period of time in 2002, Teijin purchased Zylon fabric back from the Canadian weaver to whom it had sold the fiber for weaving, and sold it directly to American body armor manufacturers, after the weaver itself refused to sell the Zylon fabric due to its fears of potential liability.